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Few things are more frustrating than holding a court order for child support that your ex-spouse simply ignores. That document is not just a piece of paper; it is a legal judgment designed to ensure your child’s needs are met. When those payments stop coming, or are never paid at all, the financial and emotional stress can be overwhelming. You may feel helpless, angry, and unsure of what to do next.
Skilled child support lawyers can tell you that you are not helpless. They understand this frustration and are aggressive in pursuit of justice. Under California law, you have powerful rights and legal tools at your disposal to collect the money owed.
A Court Order Is Not a Suggestion
First and foremost, a child support order issued by a San Diego Superior Court judge is a legally binding judgment. It is not an optional expense, nor is it a suggestion. Your ex-spouse cannot legally decide to pay less, or stop paying, just because their financial circumstances have changed.
If your ex-spouse’s income has decreased, their legal responsibility is to file a formal “Request for Order” with the court to seek a modification. Until a judge issues a new order, the original amount is still due in full. Informal text messages or verbal agreements to “pay what you can” are not legally enforceable and will not protect the paying parent from accruing massive debt.
Your Two Main Paths for Enforcement in California
When your co-parent is not paying, you have two primary ways to force compliance.
1. The Local Child Support Agency (LCSA)
In San Diego, this is the Department of Child Support Services (DCSS). This government agency is empowered to enforce child support orders.
• The Upside: Their services are typically free or very low-cost. They have significant power to enforce orders.
• The Downside: DCSS is a large government bureaucracy. You are one of thousands of cases they are managing. The process can be slow, and you have very little control over the pace or the specific actions taken.
2. Private Enforcement with an Attorney
Your other option is to hire a private law firm to file enforcement actions on your behalf directly with the family court.
• The Upside: This is almost always a faster, more aggressive, and more personalized approach. We work for you, not the state. We can act immediately and choose the most effective legal tools for your specific situation, rather than waiting in a long queue. We can be the aggressive advocates you need right now.
The Aggressive Tools We Use to Enforce Support
As your attorneys, we have several powerful legal mechanisms at our disposal to collect the support you are owed.
• Earnings Assignment Order (Wage Garnishment): This is the most common and effective tool. We can obtain a court order that is sent directly to your ex’s employer, which legally requires the employer to deduct the child support amount (plus an amount for back pay) from every paycheck.
• Bank Levy: We can file a “writ of execution” that allows the sheriff to seize the funds directly from your ex-spouse’s bank accounts.
• Property Liens: We can place a legal lien on their real estate (like a house or land). This means they cannot sell or refinance the property until they pay the support debt they owe you.
• License Suspensions: We can request that the court suspend the driver’s license, as well as professional licenses (e.g., medical, contracting, or real estate), and even recreational licenses (e.g., hunting or fishing). This is often a very strong motivator.
• Contempt of Court: This is the most serious enforcement tool. We can file a motion asking the court to find your ex-spouse “in contempt” for willfully disobeying a court order. A judge can impose sanctions, fines, and even jail time for this violation.
The Critical Issue of “Arrears” and 10% Interest
When your ex fails to make payments, the past-due amount is referred to as “arrears.” These arrears do not go away. They accumulate, and under California Code of Civil Procedure § 685.010, interest accrues on the unpaid balance at a rate of 10% per year.
This is a significant factor that many people overlook. A $20,000 debt in arrears can quickly balloon into a much larger judgment. We are aggressive in pursuing not only the principal amount you are owed but also the full amount of statutory interest you are entitled to.
A Common Mistake: Do Not Withhold Visitation
It is completely understandable to feel that if your ex is not supporting the children financially, they should not get to see them. This is a common and painful feeling.
We must be very clear about this: In California, child support and child custody/visitation are two separate and distinct legal issues. You cannot legally withhold visitation or “break” the custody schedule as a punishment for non-payment. This can land you in serious legal trouble with the court. The law provides powerful financial tools for enforcement; you must use those and never use your children as leverage.
We Are Your Compassionate Allies and Aggressive Fighters
At Khosroabadi & Hill, we have seen the immense stress that financial insecurity causes. We are here to be your helpful and compassionate partners, guiding you through the legal system and explaining your rights in plain English. We want you to feel empowered, not overwhelmed.
At the same time, we are your aggressive legal advocates. We will not be passive while your child’s well-being is at risk. Our team of skilled child support lawyers in California will use every legal tool available to pursue the funds your family is owed. Call Khosroabadi & Hill, APC today at [(858) 240-2093] for a FREE consultation. Let us be your helpful guides and your aggressive allies in securing the financial support your child deserves.
